WEBSITE TERMS AND CONDITIONS ("Terms of Use")

THIS A. O. Smith Pro-Size SIZING WEBSITE (the "Website") IS A TOOL THAT CAN BE USED TO ESTIMATE WATER HEATER REQUIREMENTS FOR MANY COMMON APPLICATIONS. THE WEBSITE IS INTENDED TO ASSIST IN SELECTING WATER HEATERS OR BOILERS THAT BEST MEET THE SPECIFIC JOB REQUIREMENTS. IT IS THE SOLE RESPONSIBILITY OF THE SYSTEM DESIGNER TO SELECT THE CORRECT PRODUCTS NEEDED FOR THE SPECIFIC APPLICATION. A. O. Smith RESERVES THE RIGHT TO MAKE CHANGES TO THE WEBSITE WITHOUT NOTICE.

IMPORTANT! BY ACCESSING AND USING THE WEBSITE, FOR ANY REASON, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. PLEASE READ CAREFULLY ALL OF THE TERMS OF USE BEFORE PROCEEDING.

THESE TERMS OF USE MAY BE CHANGED AT ANY TIME AT A. O. Smith's SOLE DISCRETION AND WITHOUT NOTICE. THESE TERMS OF USE WERE LAST UPDATED: December 23, 2009.

  1. Proprietary Rights

    All works, content and materials on this Website, including without limitation, all information, text, design, graphics, images, drawings, photographs, code and software (the "Materials") and all organization and presentation of the Materials which form a part of this Website are the exclusive property of A. O. Smith or its licensors and are protected by intellectual property laws relating to copyrights, trade-marks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on this Website shall be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party, except as expressly granted in these Terms of Use.

  2. Trade-marks and Copyright

    The trade-marks, service marks, logos, slogans and Internet domain names on the Website are the exclusive property of A. O. Smith or its licensors. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property. Copyright Notices:

    Copyright © 2009 A. O. Smith. All rights reserved.

    Copyright © 2009 Avenir Software Inc. Suite 120, 3553 - 31 Street NW, Calgary, Alberta, Canada T2L 2K7, www.avenir-software.com. All rights reserved.

  3. Permitted Uses

    A. O. Smith agrees to provide access to the Website to you solely in accordance with the Terms of Use. In consideration therefor, you shall:

    1. not copy, reproduce, republish, upload, post, transmit, or distribute the Materials from the Website in any way whatsoever except that you have the right to download one copy of the Materials on any single computer, for your personal, non-commercial use only, provided that you keep intact all copyright, trade-mark and proprietary notices;
    2. use the Materials solely for lawful purposes;
    3. not create derivative works from, exploit or modify the Materials in any way;
    4. only use this Website if you are legally able to make binding contracts under applicable law; and
    5. acknowledge that the unauthorized use of the Materials may cause irreparable harm to A. O. Smith or its licensors and that in the event of an unauthorized use, A. O. Smith or its licensors shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with A. O. Smith or its licensors.
  4. Links

    A. O. Smith may provide links to Internet websites of third parties. Because A. O. Smith has no control over such sites and resources therein, you acknowledge and agree that A. O. Smith or its licensors are not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials or information on or available from any such sites or resources. You further acknowledge and agree that A. O. Smith or its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  5. Privacy

    For an explanation of A. O. Smith practices and policies related to the collection, use and disclosure of personal information, please read its Privacy Policy.

  6. Viruses

    A. O. Smith assumes no responsibility and shall not be liable to you or to any other party for any damages to or any viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Website or your downloading of any the Materials from the Website.

  7. Disclaimer

    A. O. Smith does not guarantee the currency, accuracy or reliability of any of the information contained in this Website. You acknowledge and agree that any reliance upon any of the information on this Website, including without limitation the Materials, shall be at your own risk and expense. A. O. Smith or its licensors do not guarantee that access to this Website will be uninterrupted, accurate, or error-free or that the Website or its server will be free of viruses or other harmful components and A. O. Smith or its licensors assume no responsibility and shall not be liable for any damages to your computer equipment or other property on account of your access to, use of or browsing on the Website or your downloading of any of the Materials from the Website.

    THIS WEBSITE AND ALL CONTENTS AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUALITY.

  8. Limitation of Liability

    YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL A. O. Smith, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF A. O. Smith, ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. A. O. Smith's AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE SHALL NOT EXCEED $5.00 UNITED STATES OF AMERICA CURRENCY.

  9. Indemnity

    You agree at all times to indemnify, defend and hold harmless A. O. Smith and its affiliates, agents, licensors, suppliers, and their respective directors and employees against all actions, claims proceedings, costs, demands, damages and liabilities whatsoever sustained, incurred or paid by A. O. Smith directly or indirectly in respect of:

    1. any material, information or other content you provide on or through the Website; or
    2. your, or any party that you are responsible for or who accesses or uses the Website as a result of you, use or misuse of the Materials or the Website, including without limitation infringement claims.
  10. General

    1. The Terms of Use contain the entire agreement and understanding between A. O. Smith and you with respect to the Website and supersede any and all written and oral agreements previously existing between A. O. Smith and you with respect to such subject matter.
    2. The Website is controlled by A. O. Smith from within the State of Tennessee, USA. The Website can be accessed from all states of the USA, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Tennessee, by accessing the Website, you acknowledge and agree that all matters relating to access to, or use of the Website shall be governed by the laws of the State of Tennessee and the federal laws of the United States of America applicable therein. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the State of Tennessee and acknowledge that you do so voluntarily and are responsible for complying with local laws excluding conflicts of laws principles therein.
    3. A. O. Smith's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
    4. Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
    5. The Terms of Use shall inure to the benefit of and be binding on A. O. Smith and you, and A. O. Smith and your permitted successors and assigns.
    6. The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
    7. All rights not expressly granted herein are reserved.

Copyright © 2016, A. O. Smith. All Rights Reserved.     Copyright © 2016 Avenir Software Inc. All Rights Reserved.
A. O. Smith reserves the right to make product changes or improvements at any time without notice.